LESTER A. HALL, PETITIONER,
v.
NATHAN MAYO, AS PRISON CUSTODIAN OF THE STATE OF FLORIDA, RESPONDENT
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Petitioner Hall was convicted of cattle larceny and sentenced to two years imprisonment on each of two consolidated informations. He petitioned for habeas corpus contending illegal detention under Florida Statute 921.16, but the court held his application was premature because he had not yet become entitled to benefits under that statute and had not met his burden of proof.
Hall's application for habeas corpus was premature. The court presumed that officers would follow the statutory provisions of Section 921.16, F.S.A. when Hall became entitled to its benefits, and Hall had not carried his burden of showing he was currently entitled to claim benefits under that statute.
“There is no showing that respondent will not follow the provisions of Section 921.16, F.S.A., when petitioner becomes entitled to its benefits. The presumption is that officers will do their duty as the law directs them.”
Establishes the court's reasoning that the presumption of lawful official conduct applies and petitioner must affirmatively show he is currently entitled to statutory benefits.
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Join FLexlaw to unlock all legal intelligenceHall was tried and convicted on two informations charging larceny of cattle and sentenced to two years imprisonment at hard labor on each charge, with…
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TERRELL, Justice.
Petitioner was tried and convicted on two informations charging larcency of cattle. He was sentenced to two years imprisonment at hard labor on each information, they having been consolidated for trial. Nothing was said in the judgments as to whether sentences should run concurrently or consecutively. Writ of habeas corpus was granted on the contention that petitioner' was held illegally contrary to Section 921.16, F.S.A. Return of respondent shows that petitioner by appeals to this court and certiorari to the Supreme Court of the United States stayed his commitment until January 25, 1954, and has not served, including all gain time allowable, either of his two year sentences.
There is no showing that respondent will not follow the provisions of Section 921.16, F.S.A., when petitioner becomes entitled to its benefits. The presumption is that officers will do their duty as the law directs them. Miami Retreat Foundation v. Ervin, Fla.1953, 66 So. 2d 667; Clements v. Starbird, 152 Fla. 155, 12 So. 2d 578. Petitioner has not carried the burden of showing that he is entitled to claim any of the benefits of Section 921.16, F.S.A. It follows that his application for habeas corpus was premature. Petitioner is accordingly remanded to the custody of the respondent and the writ of habeas corpus is quashed.
It is so ordered.
DREW, C. J., and ROBERTS and SE-BRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sutton v. Fla. Parole Comm'n, 975 So. 2d 1256 (Fla. 4th DCA 2008)…ble circumstances: “There is no showing that [the state agency] will not follow the provisions of [the law] when petitioner becomes entitled to its benefits; the presumption is that officers will do their duty as the law directs them.” Hall v. Mayo, 85 So. 2d 592 (Fla.1955). Any habeas corpus claim for immediate release thus being premature at this time, his appeal must be affirmed. STEVENSON and DAMOORGIAN, JJ., concur. . Chet Kaufman, A Folly of Criminal Justice Policy-Making: The Rise and Demise of Earl…
Authorities Cited
- Clements v. Starbird, 152 Fla. 555 (Fla. 1943)
- Miami Retreat Found. v. Ervin, 66 So. 2d 667 (Fla. 1953)